Schumer’s sensitive scheduling situation

An evening recap of the action on Capitol Hill and preview of the day ahead

Mar 29, 2024 View in browser   By Burgess Everett and Katherine Tully-McManus With assists from POLITICO’s Congress team Daylight savings means nothing for Senate floor time. (Francis Chung/Politico) | AP CHOICES, CHOICES We count 15 weeks of floor time in the Senate before the election (and before the next funding deadline), which creates both an opportunity and tough decisions for Senate Majority Leader Chuck Schumer. He can pursue nominees, particularly judges, with a simple majority (and a tiebreaking VP Kamala Harris if necessary) or try to move bipartisan bills which his incumbents are eager to pass ahead of the election. We expect a mix, though the big question mark is whether the GOP has much interest in doing any legislation at this point on the calendar. And there’s probably even less time than you might think. The Senate trial for DHS Secretary Alejandro Mayorkas — even if quickly dismissed — will take up a couple of days in April. And funding the government will eat up some of the end of September. There’s also a few “magic Mondays” here and there where the Senate is out. "We have plenty of legislative hours and days that we can use if we're just intentional about it. And we make use of the weekends if necessary. Colleagues may not like it, but they can always, you know, waive the time that's required,” said Sen. Richard Blumenthal (D-Conn.). "There's an ongoing conversation [with leadership] about it." Door No. 1: Normally, confirming lifetime judges would be simpler, but Sen. Joe Manchin’s (D-W.Va.) personal filibuster against any party-line judges means Schumer has to run the table in his 51-member caucus to push through anyone who lacks Republican support. Now, that doesn’t happen that often: 87 percent of President Joe Biden’s lifetime judicial nominees have received bipartisan support on the floor, according to a Democratic aide. But Biden will probably have to nail any future nominees — and probably find a replacement for embattled 3rd Circuit pick Adeel Mangi — or risk losing the election and the ability to fill some of these seats. A lot of the vacancies are in GOP territory, which means some need buy-in — aka a “blue slip” — from Republican senators. Sen. Peter Welch (D-Vt.) credited ranking member Lindsey Graham (R-S.C.) with being “pretty constructive” in his talks with Senate Judiciary Chairman Dick Durbin (D-Ill.) on nominees. Door No. 2: Schumer’s members are clamoring for bills that would overhaul rail safety, legalize cannabis banking, and claw back money from failed bank executives, as well as a farm bill and an FAA bill. There’s also pressure to crack down on TikTok, and plenty of Democrats want more votes on the failed border security deal. There’s also now a bridge to build in Baltimore. Meanwhile, a bipartisan tax agreement is in real trouble, with Senate Republicans feeling snubbed after being left out of the deal between Senate Democrats and the House GOP. (We’re told Sen. Mike Crapo is particularly incensed.) Finishing any of those bills will take up a decent amount of floor time — but failed votes will not. — Burgess Everett and Katherine Tully-McManus GOOD AFTERNOON! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this March 29, where a mysterious golden orb emerged in the sky after several gray days. We hope you are enjoying as chill a Friday as D.C. can offer in an election year.   GROWING IN THE GOLDEN STATE: POLITICO California is growing, reinforcing our role as the indispensable insider source for reporting on politics, policy and power. From the corridors of power in Sacramento and Los Angeles to the players and innovation hubs in Silicon Valley, we're your go-to for navigating the political landscape across the state. Exclusive scoops, essential daily newsletters, unmatched policy reporting and insights — POLITICO California is your key to unlocking Golden State politics. LEARN MORE.     NICE JOHNS FINISH FIRST We’re in the slow burn phase of the leadership race between Senate Minority Whip John Thune and Sen. John Cornyn, a former whip himself. This is when the two buckle down, court members, help out GOP candidates and hope that they can lock up the votes. All that could build stress between the Two Johns. But, at the minute, John is not at John’s throat. John in review: Cornyn (Big John) and Thune (JT) have spent years positioning themselves for this moment as top allies of Senate Minority Leader Mitch McConnell. Perhaps surprisingly, we’re told the relationship between the two is pretty good and that the spouses of the two GOP heavyweights are also friends. Those qualities give a race that could easily turn cutthroat a little more personal warmth. Republicans tell us they are listening carefully to the way the two talk in conference meetings, and for the moment they seem aware that any sort of rhetorical battle would leak out immediately. Another place they were on display: At the American Enterprise Institute’s World Forum earlier this month, when they went back to back on stage while being interviewed by former Sen. Rob Portman (R-Ohio) and AEI’s Marc Thiessen, according to a person familiar with the event. Hey, John: The two see each other outside of GOP meetings too, often both working out in the Senate gym alongside each other. Here’s how Cornyn described their relationship: “He’s a good senator, he’s a friend and I said: ‘Good luck.’ But not too good of luck.” Recall that when Thune decided to run for re-election last cycle, Cornyn congratulated Thune on his decision. “I’ve served with John, including on the leadership team, for a long time. We’re friends, and our wives are friends,” Thune told us. “The conference has some good options to fill the leader’s shoes, and I know we both want what’s best for the team.” Not all Johns are the same: Both are tall, and both are Johns, sure, but there are personality contrasts. Cornyn is a talented retail politician but probably more combative, rattling off a flurry of anti-Schumer floor speeches over the past few months. Thune is happy to ding Democrats, too, but he’s a Dakotan through and through — meaning he’s at a minimum Midwestern Nice, and potentially actually nice. The biggest sticking point between the two right now is an internal policy change: Cornyn wants term limits on the leader's job, and Thune isn’t ready to go there yet. The term limits on all other leadership positions is why Thune now has the whip job; after serving three terms as whip, Cornyn had to step down. Thune is subject to the same rule next Congress. “I can't really justify the fact that everybody else is term limited, like I was for whip, and the leader is not. But the conference will decide that,” Cornyn said in the interview. “I’m not going to fall on my sword over it. It's gonna be up to the conference.” Flashback: It’s unclear when, or if, things might fray. A secret ballot election gives GOP senators broad leeway to tell each prospective leader whatever they want to hear — and then vote differently behind closed doors. As former Sen. Lamar Alexander (R-Tenn.) put it after losing his whip race: “I wrote 26 thank you notes for 24 votes.” — Burgess Everett HUDDLE HOTDISH Democrats are having some fun with a GOP official’s illegal voting. Endangered Senate Democrats are apparently big fans of the new Beyoncé album. All four congressional leaders called for the Russian government to release Evan Gershkovich. Andy Kim is successfully raging against the machine. QUICK LINKS  Court Sides with Free Beacon, Gives Gallego 15 Days to Make Case For Specific Redactions to Divorce File, from Eliana Johnson in the Washington Free Beacon All three of John Fetterman’s top communications staffers have resigned in the last month, from Julia Teruso at The Philadelphia Inquirer Why Matt Gaetz attacked Rep. John Curtis during a Utah campaign stop, from Bryan Schott in The Salt Lake Tribune NJ Congressman wants to end sales of ‘gas station heroin,’ from Hayden Mitman in NBC 10 Philadelphia TRANSITIONS Annie Lentz will be starting as the DSCC’s deputy communications director. She was previously communications director for Rep. Annie Kuster (D-N.H.) Stu Mosseau will be Kuster’s communications director. He was previously Kuster’s press secretary and digital director. MONDAY IN CONGRESS The House is out. The Senate is out MONDAY AROUND THE HILL Nada. TRIVIA THURSDAY’S ANSWER: Terry Connelly was the first person to correctly guess that Benjamin Harrison was the first president to attend a major league baseball game and that the game was in Washington, D.C. TODAY’S QUESTION, from Terry: Name the two former members of Congress who played in the NCAA Men's Final Four and the pre-Super Bowl American Football League Championship in the same year and won the same award. The first person to correctly guess gets a mention in the next edition of Inside Congress. Send your answers to insidecongress@politico.com. GET INSIDE CONGRESS emailed to your phone each evening.   YOUR GUIDE TO EMPIRE STATE POLITICS: From the newsroom that doesn’t sleep, POLITICO's New York Playbook is the ultimate guide for power players navigating the intricate landscape of Empire State politics. 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